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NRS 617.366

Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related

Known as the Nevada Occupational Diseases Act

The act spans §§ 617.010 to 617.510 (80 sections).

Applied in 4 court decisions — leading case Garcia v. Scolari's Food & Drug (2009)

Most recently applied in City of Henderson v. Spangler (May 2020)

(Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804)

How often courts cite this section

20072010202020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. The resulting condition of an employee who:

(a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of the employee’s current or past employment; and

(b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates the preexisting condition,

Ê shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

2. The resulting condition of an employee who:

(a) Contracts an occupational disease; and

(b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his or her employment,

Ê shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.